26B-6-705. Confidentiality of materials relating to complaints or investigations — Rulemaking.
Terms Used In Utah Code 26B-6-705
- Complainant: means a person who initiates a complaint. See Utah Code 26B-6-701
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Complaint: means a complaint initiated with the ombudsman identifying a person who has violated the rights and privileges of an individual with a disability. See Utah Code 26B-6-701
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Ombudsman: means the ombudsman appointed in Section 26B-6-702. See Utah Code 26B-6-701
| (2) |
The identity of a complainant or a party named in the complaint may not be disclosed by the ombudsman unless:
| (a) |
the complainant or a legal representative of the complainant consents to the disclosure; |
| (b) |
disclosure is ordered by a court of competent jurisdiction; or |
| (c) |
the disclosure is approved by the ombudsman and is made, as part of an investigation involving the complainant, to an agency or entity in the community that:
| (i) |
has statutory responsibility for the complainant, over the action alleged in the complaint, or another party named in the complaint; |
| (ii) |
is able to assist the ombudsman to achieve resolution of the complaint; or |
| (iii) |
is able to provide expertise that would benefit the complainant. |
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| (3) |
Neither the ombudsman nor the ombudsman’s designee may be required to testify in court with respect to confidential matters, except as the court finds necessary to enforce this part. |
Renumbered and Amended by Chapter 308, 2023 General Session
